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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 30, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on August 30, 2010, and was sentenced to a fine of KRW 3 million for the same crime at the Ulsan District Court on December 9, 201.
Criminal facts
On January 30, 2013, at around 21:50, the Defendant driven a Dap car with approximately 500 meters alcohol content 0.130% under the influence of alcohol without a car driver’s license, from the front day of the viewing of the leisure water in the summer-dong, to the front day of the gold apartment in the same city of crew.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;